Judges and Recusal

ASSIGNMENT

A judge has recently taken a seat on the bench. Two years before taking his seat, his/her parents hired an attorney to represent their privately owned corporation about a legal matter that ultimately was settled. The judge’s parents’ attorney never appeared in the judge’s court while the case was being settled. Other members of the attorney’s law firm appear in the judge’s court representing other clients but not representing the judge’s parents. The judge is considering two policies to address this matter. First, he could inform the parties and their attorneys that a member of their firm formerly represented his parents and recuse himself if requested. Second, he could adopt a policy of recusing himself across the board, whenever an attorney from the law firm is scheduled to appear in his court.

Analyze which policy is better at helping the judge to fulfill his judicial duties, using the common morality system, the NYS Rules of Judicial Conduct, class notes, and readings.